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HomeMy WebLinkAbout20241202.tiffMEMORANDUM TO: Molly Wright, Planning Services FROM: Melissa J King, PE, Development Review DATE: March 4, 2024 SUBJECT: USR24-0005 Peters 313 Ranch Inc The proposal has been reviewed on behalf of the Weld County Department of Public Works and the Department of Planning and Zoning. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description: A Site -Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and Service (Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. This project is north of and adjacent to CR .136.5 and is west of and adjacent to CR 71. Parcel numbers: 004326200003, 004326200001, 00432640002: Lot B RECX12-0092. Access is proposed onto CR 71 (AP19-00137 - O&G). ACCESS Development Review has reviewed the application materials related to access. Access is proposed at the existing permitted access onto CR 71. (AP19-00137). No additional access is requested. This access point shall meet the commercial access standards as specified in the Code. Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Development Review prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHTS -OF -WAY County Road 17 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the USR map the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 136.5 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way. The applicant shall delineate on the USR map the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be labeled as "County Maintained Right -of -Way — No Documentation." Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC No recent traffic counts exist for this portion of CR 71. A preliminary traffic report has been submitted. An acceptable Final Traffic Report shall be submitted prior to recording the USR map. TRACKING CONTROL Tracking control is required to prevent tracking from the site onto public roadways. For access to paved roads, tracking control devices can be double cattle guards with 100 ft. of asphalt or 300 ft of asphalt. For access to gravel roads, tracking control devices must be either double cattle guards with 100 ft. of road base, or road base on all driving surfaces. Temporary Tracking Control shall be used during construction unless permanent tracking control is installed ahead of construction activities. Recycled concrete is not allowed in County right-of-way. Tracking control for unmaintained public right-of-way is required just prior to entering publicly maintained roadways. A variance request for alternatives to the tracking control requirement can be submitted to Development Review for review and consideration. This site requires approved tracking control during construction. ROAD MAINTENANCE AGREEMENT (Construction) Development Review is requesting a Road Maintenance Agreement for Construction including, but not limited to, dust control and damage repair to specified haul routes. Improvements/Road Maintenance Agreement: An example agreement is available at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review . It will detail the approved haul routes and include a maintenance agreement for the haul routes. DRAINAGE REQUIREMENTS This area IS within a Non -Urbanizing Drainage Area: Non -Urbanizing Drainage Areas typically require detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site for NON - URBANIZING areas. The applicant has submitted a preliminary drainage report. A final drainage report and detention pond design completed by a Colorado Licensed Professional Engineer is required prior to recording the USR map. The drainage report must include a Certificate of Compliance stamped and signed by a P.E. licensed in Colorado. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. CONDITIONS OF APPROVAL A. A Road Maintenance Agreement (Construction) is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes during construction. (Development Review) B. A Final Traffic Report is required. (Development Review) C. A Final Drainage Report and Certificate of Compliance, stamped and signed by a licensed engineer in the State of Colorado, shall be submitted. (Development Review) D. The USR map shall be amended to delineate the following: 1. County Road 71 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) 2. County Road 136.5 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of- way at full buildout. The applicant shall delineate and label on the USR map the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be labeled as "County Maintained Right -of -Way, No Documentation." The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. (Development Review) 3. Show and label the existing permitted access point onto CR 71. Include the access usage type (i.e. Oil and Gas), the appropriate width, and the appropriate radii. (Development Review) 4. Show and label the accepted drainage features. Stormwater detention ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Development Review) GRADING PERMIT A Weld County Grading Permit will be required if disturbing more than 1 acre. Grading Permit applications are accepted after the planning process is complete (plan recorded). An Early Release Request Form may be entertained only after the applicant, Planning Department has reviewed the referral and surrounding property owner comments. The Early Release Request may or may not be granted depending on referral comments and surrounding property owner concerns. Contact an Engineering representative from the Development Review for more information. A Construction Stormwater Permit is also required with the State for disturbing more than 1 acre. Contact: Colorado Department of Public Health and Environment, Water Quality Control Division, 303-692-3575. Prior to Construction: A. The tracking control shall be constructed prior to on -site construction. (Development Review) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE SITE PLAN) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Development Review) 2. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Development Review) 3. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Development Review) 4. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Development Review) 5. Weld County is not responsible for the maintenance of onsite drainage related features. (Development Review) 6. The historical flow patterns and runoff amounts on the site will be maintained. (Development Review) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Molly Wright From: Ryan Fernandez, Environmental Health Services Date: February 28, 2024 Re: USR24-0005 Applicant: Peters 313 Ranch Inc. Environmental Health Services has reviewed this proposal for a Site -Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service, (Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. There will be no permanent employees on the site. Portable toilets and bottled water are required for both construction and once the site is operational. The operator has obtained an air emission permit from CDPHE (Permit # 22WE0328). Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. The compressor equipment will be mounted on skids that have floor drains to capture wash water and pump it into storage tanks. These tanks will be emptied as needed with the wastewater carried to and disposed of at a licensed facility. According to the noise study that was submitted as part of the application, the site running at full load operation should be able to comply with the light industrial noise standard. Each engine -compressor unit will be contained in an acoustically insulated building. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele:970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele:970-304-6415 Fax: 970-304-6411 Communication, Education & Planning Tele:970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 4. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations and the accepted dust mitigation plan. 5. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. 6. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are on site for less than 2 consecutive hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County, shall contain hand sanitizers and be screened from the public right of way and neighboring properties. 7. All chemicals on -site must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 8. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Energy and Carbon Management Commission (ECMC) Commission Rules. 9. The facility shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 10. The facility shall adhere to the maximum permissible noise levels allowed in the Light Industrial Zone as delineated in 25-12-103 C.R.S. 11. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 12. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Division, as applicable. 13. The facility shall notify the County of any revocation and/or suspension of any State issued permit. 14. The facility shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State issues permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. Submit by Email Weld County Referral February 2, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: Peters 313 Ranch Inc Case Number: USR24-0005 Please Reply By: March 1, 2024 Planner: Molly Wright Project: A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and Service (Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 004326200003-R8981718 Legal: Lot B RECX12-0092, being part of the NW4/ W2NE4SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Parcel Number: 004326200001-R8967825 Legal: Lot B RECX12-0092, being part of the NW4/ W2NE4SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Parcel Number: 004326400002-R8981717 Legal: Part of SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO COUNTY ROAD 136; WEST OF AND ADJACENT TO COUNTY ROAD 71 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ITWe have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Agency Date Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 EMERGENCY MANAGEMENT OEM — Office of Emergency Management Director: Roy Rudisill 1150 "O" Street PO Box 758 Greeley, CO 80632-0758 Phone 970-304-6540 Fax 970-336-7242 www.co.weld.co.us February 5, 2024 Molly Wright Weld County Planning Services RE: USR24-0005 -Hereford Ranch Compressor Station Molly, after review of USR24-0005 OEM had identified that an Emergency Action Plan will be required along with a Tactical Response Plan for the Fire Department. Please let the applicant know the templates for the plans can be found on our webpage at www.weldoem.com the plans are located under the LEPC section of the webpage. If the applicant has any questions, please have them reach out to Dave Burns with OEM. dburns agweld.gov or 970-400-3993 or they can reach out to me as well. Roy Rudisill - Director Submit by Email Weld County Referral Y February 2, 2024 The Weld County Department of Planning Services has received the following item for review: Case Number: USR24-0005 Planner: Molly Wright Applicant: Peters 313 Ranch Inc Please Reply By: March 1, 2024 Project: A Site Specific Development Plan and Use by Special Review Permit, for Oil and Gas Support and Service (Compressor Station) outside of subdivisions and historic townsites in the A (Agricultural) Zone District. Parcel Number: 004326200003-R8981718 Legal: Lot B RECX12-0092, being part of the NW4/ W2NE4SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Parcel Number: 004326200001-R8967825 Legal: Lot B RECX12-0092, being part of the NW4/ W2NE4SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Parcel Number: 004326400002-R8981717 Legal: Part of SE4 of Section 26, T12N, R63W of the 6th P.M., Weld County, Colorado. Location: NORTH OF AND ADJACENT TO COUNTY ROAD 136; WEST OF AND ADJACENT TO COUNTY ROAD 71 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. r 1" We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Rebecca Sears Agency Oil & Gas Energy Department Date 2/7/2024 Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Weld County Oil & Gas Energy Department Referral Comments Referring Agency: Weld County Department of Planning Services Reference Number: USR24-0005 Associated Parcel: 004326200003; 004326200001; 004326400002 OGED Reviewer: Rebecca Sears Review Date: 2/7/2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcels include one (1) active oil and gas well, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-31417 Highpoint Operating Corp. —10071 Fox Creek #03-26H PR 3. The parcels include one (1) active Location Assessment for Pipeline (LAP), listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing pipelines with the operator(s). LAP Operator Product Diameter LAP21-0006 Colorado Liberty Pipeline LLC — entity of Tallgrass Energy, LC Crude Oil pipeline 24 -inch 4. The USR lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. SG February 29, 2024 COLORADO Division of Water Resources Department of Natural Resources Molly Wright Weld County Department of Planning Services Transmission via email: mrwright@weld.gov Re: Hereford Ranch Compressor Station Case No. USR24-0005 Pt. Section 26, T12N, R63W, 6th P.M. Water Division 1, Water District 1 Dear Ms. Wright, We have reviewed the above referenced application for a Site Specific Development Plan and Use by Special Review Permit for Oil and Gas Support and Service. The submitted material does not qualify as a "subdivision" as defined in section 30-28-101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide comments regarding the proposed water supply. The comments will not state an opinion on the adequacy of the water supply or the ability of the water supply plan to satisfy any County regulations or requirements. The application seeks to construct a new compressor station built as part of the Trailblazer Conversion Project. There are no structures on the site location. During construction of the station, up to 100 construction workers may be on site at one time. Once construction is complete, no permanent employees will be needed to operate the facility. There will be no animals on the site. Potable water will not be required at the site once construction is complete. Any water needed for dust mitigation will be brought to the property from an external source. A 1000 gallon fiberglass tank will house non -potable water for equipment maintenance. Any water used at the site must be obtained from a source permitted or decreed for such use, such as a water hauling company or bulk municipal tap. According to the submitted Drainage Report, the existing stormwater flow characteristics are expected to remain unchange. No storm water detention basin is proposed as a part of this project. This letter does not grant permission for the applicant to discharge water into ditches. The applicant is responsible for obtaining any such required permission. The Division of Water Resources is not responsible for enforcement or administration of any such third party agreements. Should you or the applicant have any questions regarding any of the above information, please contact me at kathleen.fuller@state.co.us or 303-866-3581 ext. 8245. � S • .:...ii._i. ,s,.:- - •i::I 1.:• •) .:.: I ILLGls: i3cc).u()4, !.!I :;::. ':.i•. C,t�.t ir:a I}•:r (. )I).. .: •:.,I rtr Cr :'.t:•i 11,1: . k.::.l:al. r`..: i r ;' I:r': s rrc t i :DNA c i::• Hereford Ranch Compressor Station February 29, 2024 Case No. USR24-0005 Page 2 of 2 Sincerely, 743 -id -Le, Kate Fuller, P.E. Water Resources Engineer Cc: Applicant (Crystal Heter) Referral file no. 31219 Hello